OPM Disability Retirement: Happy New Year — 2022

By now, it should be clear that our lives are forever changed.  A return to normalcy — however that can be defined, now – is not possible.  Covid-19 and its variants have changed society, its interactions, its character and ability to respond, in ways which will never allow for a “return” to who we once were.  As each year advances and passes, as 2019 turned into 2020, 2020 into 2021 — and, now, with the dawn of the year 2022, our expectations and hopes keep changing and adapting.

The bright side is that our species has always been an adaptable one; otherwise, we would not be where we are today.  On the dark side, this ongoing pandemic has revealed the fissures of our global economy — the inadequacy of our healthcare system to handle this crisis; the divisions within our society which are deep and irreconcilable; the political stalemate which reflects our country’s past historical evils which have never been faced or properly debated and resolved; and the growing division between the privileged and the underclass, both in terms of wealth as well as by education.

2022 will be a revealing year — with midterm elections foreboding, a pandemic which will further test our economic and political stability, and a populace fatigued by it all: a year when the character of our nation will be tested as never before.  As we enter into this new year, there are many “negatives” to note; but the one positive which we should all focus upon, is that despite all of the divisions and differences, the yearning for a return to families getting together, celebrating the Holidays and needing to meet that basic human desire — of actual human contact as opposed to a virtual encouner via computers and smartphones — remains unextinguished and magnified in exponential measures of human satisfaction.

In the end, it is the simple act of a hug which will get us beyond the misery of these past few years.

Happy New Year, 2022 — may we all be able to fulfill that basic yearning of a return to normalcy, by the simple gesture of a warm hug to welcome the new year.

Sincerely,

Robert R. McGill

 

FERS Disability Retirement Law: The Dreaded Next Day

If every day is becoming the dreaded next day, then the hope of living a contented life — a life of “happiness” — becomes an impossibility.

Modernity has become obsessed with “happiness” as a goal to embrace, as opposed to a byproduct of one’s manner of living.  Additionally, the term itself has been redefined to encompass only the realm of one’s immediate emotional contentment, as opposed to the Aristotelian (and Greek, in general) concept of eudaemonia — the state of living a life defined by what it means to be a human being.

In our concept of happiness, the dreaded next day guarantees that each day will be enveloped by unhappiness, precisely because the “next day” was yesterday’s dreaded next day, upon us with a vengeance, like the eternally rolling boulder which Sisyphus must gather the strength to push up the next hill.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal position, each day is already the dreaded next day with an endless cycle of pain and despondency, precisely because your medical condition is incommensurate with the job which you hold.

It is like the life as described in Camus’ work, The Myth of Sisyphus — of pushing that boulder up a hill, only to have it roll down the hill, and then to push it up the next hill, for eternity.

Contact an OPM Disability Attorney who specializes in Federal Disability Retirement Law and consider preparing, formulating and filing an effective Federal Disability Retirement, to avoid each day becoming the dreaded next day.

Sincerely,

Robert R. McGill
Lawyer exclusively representing Federal and Postal employees to secure their Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management.

 

OPM Disability Retirement Law: The Grand Plan

It would certainly be nice if we all possessed one — set in stone, written and accompanied at our birth, mapping out our future and showing each of us what steps to take.  Perhaps, some would interpret such a fantasy as one inviting totalitarianism, and a rebellion would be incited based upon the notion that we all should be entitled to liberty — to have the freedom to choose our own destiny.  Yes, but look where that has gotten us.

The “Grand Plan” — that plan of all plans, the roadmap for our lives, the destiny-setting details already fated without our input; now, who wouldn’t want such a treasure trove?  There are, indeed, some individuals who seem to possess and follow such a map, while the rest of us struggle to “find our way” or to “know what to do”.  The world is full of individuals who fall in the category of “undecideds”.  We refer to them with euphemisms like, “He is a late bloomer”, “She’s taking off a year to get her bearings”, or “He just hasn’t found himself”, etc.

To paraphrase a character from an old movie, “I can’t even figure out how to use the can opener; how am I to know what to do with the rest of my life?”  As an old Chinese proverb states, “The journey of a thousand miles begins with the first step”.  Take life in increments; begin with small projects and build upon them.

For Federal employees and U.S. Postal workers who have encountered medical conditions which have become an impediment to “The Grand Plan”, you may want to consider filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management under FERS.

Each of us has a contribution to make; each of us has plans for the future; but when a medical condition necessitates a Federal or Postal employee to alter or modify that “Grand Plan” of a career, you may need to consider Federal Disability Retirement as an added feature of that Grand Plan which never appeared when the birth certificate was first written.

Sincerely,

Robert R. McGill
Lawyer exclusively representing Federal and Postal employees to secure their Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management.

 

FERS Disability Retirement Representation: Guidance by Expertise

You can tell when it is “not” the case; the mishmash, the inconsistencies; the errors of content and significance; and it is precisely when guidance is lacking which the glaring inadequacies show, and can be taken advantage of by the other side.

When a play is performed on stage and the focus is upon the story itself — where criticism is targeted more on whether this actor or actress was better in her role here than in another play, or whether a certain scene accurately portrayed the story, etc. — and not upon the poor lighting, or the sound quality, then it becomes clear that the production itself was through the guidance of expertise.

When things go as they are supposed to, embracing the old adage of “smooth sailing”, it is likely that there was guidance by expertise.

For Federal employees and U.S. Postal workers who are considering preparing, formulating and filing an effective Federal Disability Retirement application through the U.S. Office of Personnel Management under FERS, guidance by expertise means that there is a coordination of the facts, the evidence and the law.

It doesn’t mean that every case will be approved; however, the chances of an approval will be greatly enhanced precisely because guidance by expertise is performed by a master of the production.

Sincerely,

Robert R. McGill
Lawyer exclusively representing Federal and Postal employees to secure their Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management.

OPM Medical Retirement Benefits: Swords and Shields

It is often in the manner by which one utilizes and applies an implement, which determines whether or not to characterize the tool as either a “sword” or a “shield”.  Thus, a shield used to pummel an opponent is to use the defensive tool as an offensive weapon, and the use of a traditional sword in parrying in order to ward off an attack, is to use the sword as a shield.

Words; language; “the law” — all can be used in offensive ways, as well as by defensive maneuvers.  Preemptive argumentation can be considered as both a sword and a shield, depending upon how the reasoned soliloquy is presented.

For Federal employees and U.S. Postal workers who are preparing, formulating and filing an effective Federal Disability Retirement application with the U.S. Office of Personnel Management under FERS, it is important to weave one’s legal argument both as swords and shields — providing legal citations, argumentation, reasoned explanations, etc., in presenting why you meet all of the legal requirements and criteria encompassing the global compendium of issues which need to be addressed, from invoking the Bruner Presumption when applicable; to explaining why the Bracey standard of accommodations has been met, and to preemptively strike against anticipated objections which will be plentiful and appearing to be valid, as argued by OPM.

Contact a Federal Attorney who specializes in Federal Disability Retirement Law, and make sure that your swords and shields are adequately used and properly applied.

Sincerely,

Robert R. McGill
Lawyer exclusively representing Federal and Postal employees to secure their Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management.

 

Federal Disability Retirement: Happy Holidays — 2021

Each year, every season, they all have their unique “flavors”.  This was supposed to be the year and season when the pandemic came to be resolved; when economic and social uncertainty would be repaired; when the power of science through technological innovations of quickly-adapted immunization advances would defeat nature’s attempt to subvert the dominance of the human species, the insatiable consumption of available resources and ongoing destruction by encroachment of our environment — except for the disruption by a virus.

Covid-19 and its mutated forms turned out to be more resilient than first thought.  It has brought out the fissures within our society; of eruptions in political divisions; of questioning the infallibility of science and their spokespeople.  Political wrangling; scientific limitations; and ultimately — fear.  Fear of death; fear for the future; fear that our economy and the health-care delivery system will collapse.

The virus itself, as with all invisible forces which cannot be controlled by human means — words, argumentation, human discourse, appeal to empathy, etc. — evoke responses based upon irrationality and emotional instability.  The virus — nature’s revenge — is merely an amoral entity which is the penultimate paradigm of evolutionary design: adaptable; able to mutate in order to survive; a ravaging force which is unconcerned with human lives of any age group, and will facilitate to indiscriminately take advantage of any and every vulnerability exposed.

With that, what are we left with?  What we have always been left with: The comfort and joy of family and friends.  For, in the end, the “Holidays” are nothing more than the voice calling from afar, of a hug, a shared story, and a gathering around meals to share that sense of belonging and return — of the Holidays as a tradition, a force, a warm memory.

Merry Christmas and Happy Holidays, 2021.

Sincerely,

Robert R. McGill

 

OPM Disability Attorney Help: Turning the Proverbial Corner

Hope is what motivates; without it, even a figment of a semblance of it, the energy to continue becomes depleted and dissipated.

Turning the proverbial corner is often that glint of hope — of thinking that one is on the verge of change, alteration, modification, improvement and success.  And when desperation rears its ugly head (yes, another proverb of sorts), any improvement at all becomes a welcomed turn of the page (and again, another proverb we are familiar with).

Chronic medical conditions tend to extend and prolong such causes of hope; of a doctor’s positive attitude, the physical therapist’s “goals to achieve”; or perhaps the nurse’s notation that you are “better” today as opposed to the month before.  But objectively — can this continue until you are eligible for full retirement?

The proverb itself — of turning the corner — may be to file for Federal Disability Retirement benefits under FERS, for the Federal or Postal employee.

Perhaps the “change” to consider is not the medical condition itself, but rather, the job and responsibilities which come with the job — that position which you can no longer perform because of the medical condition itself.

Contact an OPM Disability Lawyer who specializes in Federal Disability Retirement Law, and consider turning the proverbial corner by preparing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management under FERS.

Sincerely,

Robert R. McGill
Lawyer exclusively representing Federal and Postal employees to secure their Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management.

 

OPM Disability Retirement under FERS: A Tough Life

Life is tough in general — and not much has changed since Thomas Hobbes’ descriptive penning of man’s life as “solitary, nasty, brutish and short”, from his magnum opus, Leviathan.  Of course, he was referring to the need for political change; and, in truth, much has changed, and improvements to the comforts which make up for life’s pleasurable moments, have advanced somewhat.

We no longer have to spend each day scrounging for the day’s meal, and most people have some leisure time to take vacations, go out to a restaurant, a movie, a play; or simply sit at home and read a good novel.  A greater part of our society has gone well beyond a life of subsistence living.  Yet, the view that life is tough, still prevails.  The daily stresses of subsistence living is now replaced with other stresses, and the one constant in everyone’s life is the challenge of a medical condition.

Medical conditions place everything else into proper perspective and context.  Without our health, the tough life becomes even tougher.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition no longer allows the Federal or Postal worker to perform all of the essential elements of one’s Federal or Postal position, consider filing for Federal Disability Retirement benefits, and thereby lessen the toughness of life, where the tough life represents Hobbes’ description of the solitary, nasty, brutish and short version of a Dickensian description of life’s daily challenges.

Sincerely,

Robert R. McGill
Lawyer exclusively representing Federal and Postal employees to secure their Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management.

 

FERS Disability Retirement: Irrelevancies Magnified

Irrelevancies noted are often an indicator of a scheme for distraction; or, sometimes it is merely an incapability of the observer to miss the point.

Thus, for example, the fact that a person may have 20/20 vision but concurrently have blind spots encompassing over 50% of multiple quadrants of vision, doesn’t mean that a person can see adequately to read, drive, perform in one’s profession, etc.  From one perspective, the 20/20 vision is magnified upon those areas where the blind spots do not exist; from another perspective, it is the obstructive blind spots which are magnified — whereas, the irrelevancies of the 20/20 vision fail to be taken into account in the practical aspects of maneuvering in and about this world.

It is like seeing a naked man running down the street with a butcher knife — what is the relevant factor, the knife or his nakedness?

For Federal employees and U.S. Postal workers who are suffering from a medical condition such that the medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, watch out that OPM doesn’t focus upon the irrelevancies magnified — for, that is precisely what they do in denying a Federal Disability Retirement claim.

Contact a FERS Disability Lawyer who specializes in Federal Disability Retirement Law, and make sure and rebut — whether preemptively or in response to a Reconsideration — the irrelevancies magnified by OPM.

Sincerely,

Robert R. McGill
Lawyer exclusively representing Federal and Postal employees to secure their Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management.